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City gun suspect held on $1,000 bail

By Lisa Redmond, lredmond@lowellsun.com

Updated:
02/15/2013 07:34:06 AM EST

LOWELL -- One of five men arrested in a melee outside the SAC club Sunday, who was later found to have a loaded 9 mm semi-automatic handgun in his coat pocket while at the Lowell police station, was ordered held on $1,000 cash bail on firearms and assault charges.

In Lowell District Court on Monday, Thoeun Kang, 25, of 35 Burnside St., first floor, Lowell, was ordered held on cash bail after pleading not guilty to charges of assault and battery, carrying a loaded firearm without a license, possession of ammunition without a license, carrying a firearm without a license and disorderly conduct.

The discovery of a firearm in Kang's pocket while he was at the booking window inside the police station has triggered an internal investigation into whether any police policies and procedures were violated because Kang wasn't searched at the scene, said Lowell police spokesman Capt. Kelly Richardson.

In court, Kang's co-defendant, Tien To, 34, of 418 Westford St., first floor, Lowell, who has a lengthy criminal record of 21 cases dating to 2000, was ordered held on $500 cash bail after pleading not guilty to assault and battery on a police officer, resisting arrest and disorderly conduct.

, Lowell, were both released on personal recognizance after pleading not guilty to disorderly conduct. Ly is also charged with resisting arrest.

Sambo Sok, 29, of 16 Sidney St., second floor, Lowell, who has two criminal cases in Lowell District Court since 2010, defaulted on his arraignment on charges of threat to commit a crime, resisting arrest, and disorderly conduct.

There is a warrant for his arrest.

According to court documents, the following occurred:

Lowell police responded to the SAC Club (Sportsmen's Athletic Club) at the corner of Market and Hanover streets at 1:26 a.m. on Sunday. Officer Casimir Czarnionka noticed a large group milling around outside the bar and an altercation taking place with people yelling at each other.

Earlier in the evening, police were made aware of possible gang activity in the area of Merrimack and Market streets.

As Czarnionka pulled onto Hanover Street, he saw Kang, who was wearing a sheepskin coat, swinging wildly at a man in the doorway adjacent to the SAC Club entrance.

When Czarnionka was spotted, the group scattered, but when Kang, who was "clearly recognizable," tried to escape into the SAC Club, the door was locked.

As police backup arrived, Czarnionka grabbed Kang. Other men who had been standing by began to approach the officer in an aggressive manner, claiming nothing was going on and that Kang should be released.

Ly and Sok allegedly approached the officer in an aggressive way, telling him to release Kang, Czarnionka wrote.

In explaining Kang's ability to enter the police station with a loaded firearm, Czarnionka wrote, "I was unable to search Kang due to these subjects' repeated actions and Kang was also repeatedly trying to turn around on me ..."

As others circled the officer and a bleeding victim asking for help, the situation was becoming "increasing (sic) volatile," Czarnionka wrote.

When the police transport wagon arrived and Czarnionka was walking Kang to the wagon to be searched by another officer, Sok allegedly stepped toward the officer, telling him to release Kang. Sok allegedly began to verbally berate the officer. Another officer intervened, ordering Sok to leave. Sok continued to argue and walk parallel to Czarnionka as he and Kang walked toward the wagon. Ly was with Sok and at least two or three other suspects.

At the wagon, Kang was about to be searched when Sok allegedly began to threaten to kill the officers if he saw them working a detail. Sok then quickly approached the officers with his head down and his fists clenched. Sok was allegedly hit with two bursts of chemical spray and then struggled with officers trying to arrest him. Then Ly allegedly jumped into the fray. As they struggled, they all fell to the ground due to the icy conditions.

Officers were finally able to subdue and arrest the suspects.

"It should be noted that based on my experience, this officer throughout the duration of the incident was in fact in fear for his safety and the safety of other officers present due to the volatile and hostile nature of the numerous suspects that would not disperse and chose to attempt to interfere with my arrest of Kang," Czarnionka wrote.

After being transported to the police station and down to the cellblock, Czarnionka wrote that he was informed that when Kang was searched at the booking window, he was found to be carrying a 9 mm semi-automatic handgun with seven rounds in the magazine in his jacket pocket.

"I had not been able to frisk Kang after handcuffing him (at the scene) due to the continuous and intentional interference by Sok, Ly and others toward me ...," Czarnionka wrote.

All four defendants who have been arraigned are due back in court March 8 for pretrial conferences.

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